Banti @ Jay Shantaram Koli v. The State Of Maharashtra

922-BA.376-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 BAIL APPLICATION NO.376 OF 2023 BANTI @ JAY SHANTARAM KOLI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Patil Jitendra Vijay. APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 16.03.2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

It is a case of honour killing. After the honour killing, juvenile conflict with law, went to the Police Station and narrated the incident to the police. The police have no evidence that the present applicant was present on the spot at the time of the alleged incident. However, the police have a case against the applicant that he along with other co-accused made the firearm available to the main accused, which was used for the commission of the crime. The prosecution has also a case that there were previous quarrel between the deceased and the present applicant. Considering the material

922-BA.376-23.odt from the charge sheet and the role attributed to the applicant, his presence on the spot of the incident is doubtful. How the conspiracy was plotted and the applicant was involved in the same is a matter of investigation. Nothing is to be recovered from the applicant. In the facts and circumstances, he deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant BANTI @ JAY SHANTARAM KOLI be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.331 of 2022, registered by Police Station Chopda City, District Jalgaon, for the offences punishable under Sections 302, 323, 504, 120-B, 201 read with Section 34 of the IPC and Sections 3/25, 7/25, 27 of the Arms Act, on the condition not to tamper with the prosecution witnesses. (S. G. MEHARE, J.) ...

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